FREE LAW JOURNAL Volume 1, Number 2 (October 18, 2005)
FREE LAW JOURNAL Volume 1, Number 2 (October 18, 2005)
FREE LAW JOURNAL Volume 1, Number 2 (October 18, 2005)
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<strong>FREE</strong> <strong>LAW</strong> <strong>JOURNAL</strong> - VOLUME 1, NUMBER 2 (<strong>18</strong> OCTOBER <strong>2005</strong>)<br />
proclamation of a state of exception, or a de facto situation, and<br />
allegations of disappearances.<br />
The eighth situation of the intra-nationalized international conflict,<br />
namely, the international armed conflict degenerating into noninternational<br />
disturbance, may be subject to the application of the<br />
following laws: (i) international law may be applicable to the intranationalization<br />
per se, it being a violation the sovereignty and security of<br />
the state; (ii) with regard to the international aspect of the ‘international<br />
armed conflict degenerating into non-international disturbance,’ i.e., the<br />
international armed conflict, international humanitarian law may be<br />
applicable, within the meaning of Common Article 2 to the 1949 Geneva<br />
Conventions in cases of declared war or of partial or total occupation of<br />
the territory of a High Contracting Party, and within the meaning of article<br />
1(4) of Protocol I of 1977, in cases of people fighting against colonial<br />
domination and alien occupation and against racist régimes in the<br />
exercise of their right of self-determination, and (iii) basic international<br />
human rights provisions may be applicable to the non-international aspect<br />
of ‘the international armed conflict degenerating into a non-international<br />
disturbance,’ i.e., the non-international disturbance, and which regulate<br />
issues of, inter alia, internal terrorist disturbance.<br />
The ninth situation of the intra-nationalized international conflict, namely,<br />
the international armed conflict degenerating into non-international armed<br />
conflict, may be subject to the application of the following laws: (i)<br />
international law may be applicable to the intra-nationalization per se, it<br />
being a violation the sovereignty and security of the state; (ii) with regard<br />
to the international aspect of the ‘international armed conflict degenerating<br />
into non-international armed conflict,’ i.e., the international armed conflict,<br />
international humanitarian law may be applicable, within the meaning of<br />
Common Article 2 to the 1949 Geneva Conventions in cases of declared<br />
war or of partial or total occupation of the territory of a High Contracting<br />
Party, and within the meaning of article 1(4) of Protocol I of 1977, in cases<br />
of people fighting against colonial domination and alien occupation and<br />
against racist régimes in the exercise of their right of self-determination,<br />
and (iii) Common Article 3 to the 1949 Geneva Conventions may be<br />
applicable to the non-international aspect of the ‘international tension<br />
58<br />
DR. ANWAR FRANGI - THE INTRA-NATIONALIZED INTERNATIONAL CONFLICT
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